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(영문) 수원지방법원 2016.07.27 2015가단47958
약정금
Text

1. The defendant shall pay to the plaintiff KRW 180,963,685 and KRW 160,157,506 among them, from October 22, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 24, 2013, the Plaintiff entered into a sales contract with the Defendant with respect to movables listed in the separate sheet No. 1 (hereinafter “instant equipment”) owned by the Defendant, which was selected by B on May 24, 2013. On the same day, the Plaintiff entered into a rental contract with the Defendant for KRW 394,440,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,

B. Meanwhile, the Plaintiff entered into a repurchase agreement with the Defendant, a supplier of the instant equipment, (hereinafter “instant repurchase agreement”) upon entering into a rental agreement with B, and the main contents are as shown in the attached Table 2 “main contents of the instant repurchase agreement.”

C. The said siren contract was terminated on March 31, 2015 due to delay in payment of rental fees in B. D.

On May 8, 2015, the Plaintiff requested the Defendant to repurchase the instant equipment in writing at KRW 163,235,946, which was calculated as of the above date pursuant to the instant repurchase agreement, but the Defendant refused to comply therewith.

E. Re-purchase price based on March 31, 2015, as of March 31, 2015, as of March 31, 2015, is KRW 154,801,430, such as overdue rent (= KRW 262,359,70 (including value-added tax) plus KRW 139,601 (including value-added tax) overdue rent of KRW 9,669,709 (including value-added tax) plus KRW 139,601, and KRW 953,120,00, KRW 4,770,176, KRW 427,300, KRW 158,60, and KRW 160,506, including the amount of overdue rent as of March 31, 2015.

F. The re-purchase price calculated as of October 21, 2015 is KRW 180,963,685 (i.e., 160,157,506 won for delay damages up to October 21, 2015)

G. The instant equipment is currently being kept by the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence No. 1, the purport of the whole pleadings

2. According to Article 6 of the re-purchase agreement of this case, the termination time of the instant siren agreement due to B’s failure to pay rental fees is also the time of termination.

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